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Timeline For Foreclosure

The timeline for foreclosure varies only a little from state to state, with the small differences between states that follow judicial proceedings for foreclosure and those which rely on a non-judicial foreclosure process. Understanding the timeline can help you know which parties you should be dealing with at each stage in the process in order to stop or delay the foreclosure. An attorney can help you if you are unsure about what steps to take to save your home.




Understanding the timeline for foreclosure


30 - 89 days past due: Your lender will commence sending you letters informing you that your payments are delinquent. Late charges or interest may begin to incur.

90 days past due: Foreclosure proceedings may officially begin.

  • Judicial States: Lender must file a pending suit (Lis Pendens) against the homeowner with the county clerk or recorder to start foreclosure proceedings. They must also ensure that a summons and complaint will be sent to each party named on the loan agreement.

  • Non-Judicial States: Lender must file a notice of default with the county clerk or recorder to start foreclosure proceedings.

Within 20 days of Lis Pendens:

  • Judicial States only: Borrower must respond to summons / complaint or risk a default judgment being obtained against them.

Within one month of notice of default:

  • Non-Judicial States only: Notices of foreclosure must be mailed out to all parties named on the loan agreement.

Within 3 months of initial action:

  • Judicial States: A hearing date is set by the court. The homeowner may appear at this time and state why the foreclosure should be delayed or dismissed. The lender may also state their case. If the judgment is against the buyer, a date of sale is set.

30 days after judgment against buyer or notice of sale:

  • Judicial States: The buyer has 30 days to appeal the courts decision. On the date of sale set by the judge (on or around the 30th day after judgment) the property is sold at auction to the highest bidder.

  • Non-Judicial States: 25 days before the sale date, the notice of sale is sent to the IRS, and five days after that, the notice may be posted on the property. On or around the 30th day, the sale takes place and the property is sold to the highest bidder.

A few states offer the lender either judicial or non-judicial options. Some states also have a redemption period following the sale - this can be anywhere from 30-90 days after the sale takes place.

At any point up to the actual sale, the buyer should be able to negotiate a reinstatement of their loan or come to an agreement with their lender either to modify their loan, receive an extension or work out a payment plan.




Hiring an attorney is recommended for these negotiations to ensure that you end up with terms you can abide by and afford. Understanding the timeline for foreclosure will hopefully indicate to you how important it is to act quickly to avoid losing your home.

Here is how to avoid foreclosure

Hawaii foreclosures

Information about Freddie Mac foreclosures

Do you have any foreclosure questions?

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